NSWIn ForceRegulation
Local Government (General) Regulation 2021
115Exemptions for leases for temporary accommodation—the Act, s 748(2)
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#### 115 Exemptions for leases for temporary accommodation—the Act, s 748(2)
115 Exemptions for leases for temporary accommodation—the Act, s 748(2)
> > (1) This section applies to community land in the following areas—
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> > > (a) Ballina local government area,
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> > > (b) Byron local government area,
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> > > (c) City of Lismore local government area,
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> > > (d) Clarence Valley local government area,
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> > > (e) Kyogle local government area,
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> > > (f) Richmond Valley local government area,
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> > > (g) Tweed local government area.
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> > (2) This section does not apply to community land categorised as a natural area or an area of cultural significance in a plan of management for the community land.
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> > (3) Community land used for the purposes of temporary accommodation development, as authorised by a temporary accommodation lease, is exempt from the operation of the Act, sections 45(2), 46, 46A, 47A and 47C.
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> > Note—
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> > The specified provisions of the Act—
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> > > (a) generally restrict the granting of leases and subleases in relation to community land, and
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> > > (b) impose certain requirements for the granting of leases, including requirements for tendering, the giving of notices to certain persons and obtaining the Minister’s consent to the grant of a lease.
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> > (4) In this section—
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> > public authority has the same meaning as in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).
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> > temporary accommodation development means development carried out without development consent under [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), section 135.
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> > Note—
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> > [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), section 135 allows development for the purposes of caravan parks and camping grounds to be carried out without development consent in certain circumstances.
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> > temporary accommodation lease means a lease of community land granted by a council to a public authority for the purposes of temporary accommodation development.
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> **s 115:** Ins 2022 (212), Sch 1.